Korra Sukya And Another v. The State Of Telangana

[ 26el ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE TWENry SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE // :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER ,- CRIMINAL PETITION NO: 7150 OF 2021 Between:

.t1. Korra Sukya, S/o. Tejaya,

2. Banoth Suresh, S/o.Balu, Petitioners/Accused Al &A2 AND The State of Telangana, Rep, by its Public Prosecutor, High Court of Telangana At Hyderabad, (ln FIR in Crime No.59 of 2021 , Police Station Narsimhulapet, Mahabubabad District).

RespondenUCom pla ina nt Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Criminal Petition, the High Court may be pleased to release the petitioners on bail in Cr. No.59 OF 2021 , of Police Station Narsimhulapet, pending investigation, trial in the said crime - The petition coming on for hearing, upon perusing the Petition-and the grounds filed in support thereof and upon hearing the arguments of SRI B BALAJI Advocate for the Petitioners and the PUBLIC pflOSe CUfOR for the Sole Respondent, the Court made the following.

ORDER:

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/Al and A2 for grant of bail in Crime No.59 of 2021 of Narsimhulapet Police Station, Mahabubabad District, registered for the offence punishable under Section 8(c) read with 20 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Heard both sides. Perused the record.

3.

The material placed on record reveals that on 19.06.2021 at about 08:45 hours, at Vanthadupula stage, Narsimhulapet, 54 Kgs. of ganja, sealed in 27 packets (each packet weighing about 2 Kgs.),, is alleged to have been seized from the possession of the petitioners/Al and A2 and other accused (A3 to A5), while the same was being transported in a Auto bearing No.TS-02-UC-2244, under a cover of panchanama, pursuant to the confession made by all the accused. The petitioners/Al and 42 were remanded to judicial custody on 20.06.2021. ln this case, altogether 14 witnesses were examined by the date of remand of the petitioners/A1 and A2. Most part of the investigation is completed. The total

ganja seized is 54 Kgs. from five persons. There is no criminal history against the petitioners/A1 and 42 in relation to illegal transportation/selling of ganja. Having regard to the facts and circumstances of the case, the petitioners/Al and A2 can be enlarged on bail on certain conditions. 4.

Accordingly, the petitioners/A1 and A2 are ordered to be released on bail, subject to the following conditions:

(i) The petitioners/Al and 42 shall execute personal bonds for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties in a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Thorrur.

(ii) After release on bail, the petitioners/Al and A2 shall appear before the Station House Officer, Narsimhulapet Police Station, Mahabubabad District, on every Sunday between 10:00 AM and 11:00 AM till filing of charge sheet or for a period of six (6) months, whichever is later.

(iii) During the bail period, the petitioners/Al and A2 shall not indulge in any crime.

(iv) The petitioners/Al and A2 shall not, directly or indirectly, meddle with the investigation, intimidate or induce the witnesses, tamper the evidence and they shall co-operate with the lnvestigating Officer for smooth completion of the investigation. The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

SD/- I,NAGA UKSHMI RE //TRUE COPY'

SECTION OFFICER To, 1 The Judicial First Class Magistrate at Thorrur. 2 The Superintendent Sub Jail, Mahabubabad /

3. The Station House Officer, Narsimhulapet Police Station, Mahabubabad District 4 One CC to SRl. B BALAJI Advocate IOPUCI 5 Two CCs to PUBLIC PROSECUTOR, High Court at Hyerabad IOUTI -- 6 One Spare Copy

/ HIGH COURT DRSAJ DATED:2210912021 AT pL L4 ( ts1 $e tt

ORDER

I Das CRLP.No.7150 of 2021 BAIL